Illinois may soon take a more progressive approach to post-conviction driving restrictions for DUI offenders. A bill recently passed by the Illinois House of Representatives aims to grant individuals convicted of driving under the influence the ability to obtain restricted driving permits under clearly defined conditions. The bill, if enacted, would enable qualified drivers to maintain a limited degree of mobility, provided they submit to the use of alcohol-monitoring technology. If you are charged with a DUI crime in Illinois, it is critical to work with a seasoned Illinois DUI defense attorney who can explain how legislative changes may affect your rights.
The Pending Bill
It is reported that House Bill 2658 would amend the Illinois Vehicle Code to enable the Secretary of State to issue restricted driving permits to individuals convicted of DUI offenses. The bill permits driving privileges up to six days a week, twelve hours per day, and within a 200-mile radius of the applicant’s residence. It is alleged that individuals must agree to install and maintain a Breath Alcohol Ignition Interlock Device (BAIID) as a condition of receiving the permit. This device is an in-vehicle breathalyzer that prevents a car from starting if the driver’s blood alcohol content exceeds a preset threshold.
It is alleged that participants would be required to pay a $100 installation fee and a $30 monthly monitoring fee to maintain the use of the BAIID system. The proposed law excludes individuals involved in fatal DUI accidents, maintaining stricter restrictions for the most egregious violations.
It is reported that the bill garnered sufficient support in the House and will proceed to the Illinois Senate for additional debate and possible enactment into law. If the Senate passes the bill and the governor signs it, the restricted driving permit program will become part of Illinois law, offering an alternative to complete license suspension for many first-time or lower-risk DUI offenders.
Understanding Illinois Law on DUI and Restricted Driving Permits
Under current Illinois law, a DUI conviction typically results in both criminal penalties and administrative consequences, including a suspension or revocation of driving privileges. However, the law also provides avenues for limited relief. The Illinois Secretary of State has the authority to issue restricted driving permits (RDPs) under certain circumstances, particularly when the applicant demonstrates undue hardship due to the loss of driving privileges.
To obtain an RDP, the applicant must often undergo a formal hearing and present evidence of hardship, efforts at rehabilitation, and compliance with alcohol treatment or education programs. Additionally, installation of a BAIID is often required for DUI-related permits. The BAIID requirement has been widely used to reduce recidivism among DUI offenders, and its effectiveness has led to legislative proposals like HB2658 that broaden the scope of conditional reinstatement.
Illinois is also an implied consent state, which means that drivers automatically consent to chemical testing when lawfully arrested for DUI. Refusing to submit to testing results in automatic license suspension, but individuals may still apply for an RDP after satisfying statutory conditions and undergoing a hearing process.
Talk to a Knowledgeable Illinois DUI Defense Attorney About Your Options
DUI convictions can create significant barriers to employment, education, and family obligations, particularly when they result in long-term license suspensions. If you are facing DUI charges, it is in your best interest to talk to an attorney as soon as possible. Theodore J. Harvatin of the Harvatin Law Offices, PC, is a trusted Illinois DUI defense attorney who can help you navigate the process and work toward the best possible outcome. To schedule a confidential consultation, contact Mr. Harvatin at (217) 525-0520 or reach out through the firm’s online form.